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CARTER v. KELLEY

215 Or. 145 (1958)

330 P.2d 1057

332 P.2d 597

CARTER v. KELLEY

Supreme Court of Oregon.

Affirmed November 5, 1958.

Petition for rehearing denied December 31, 1958.

Attorney(s) appearing for the Case

B.G. Skulason, Portland, filed a brief for appellant.

Carlton R. Reiter argued the cause for respondent. On the brief were Stern, Reiter & Day, Portland.

Before LUSK, Presiding, and WARNER, SLOAN and O'CONNELL, Justices.

AFFIRMED.

PER CURIAM.

This is an action for money had and received. Plaintiff was awarded judgment upon a verdict in his favor and defendant appeals. The only assignment challenges the sufficiency of the complaint. This issue was raised for the first time by this appeal.

1, 2. The plaintiff employed the use of the common count to allege his cause of action. The cause of action arose out of a written contract...

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